How do you deal with being disinherited?
You file an elective share claim in the first 6 months the estate is opened. The spouse’s share of the total net assets of the decedent varies based on the years married.
Went to Court in Danbury, Stokes County the second week of July of 2012 for a hearing. Client disagreed with the share the decedent spouse left client in the will. Spouse filed an elective share claim against the estate. These cases must be filed quickly, once an estate is opened.
NC protects surviving spouses from being written out of estates. So with my assistance, the client reviewed his three main options: 1) taking an elective share (surviving spouse’s intestate share), 2) Life estate in 1/3 the value of all real estate of possessed by decedent during the marriage, or 3) Life estate in dwelling and all the household furnishings.
Estate attorney, Kirk Sanders, provided the options and scenarios then assisted client in making this decision. A hearing was held before the Clerk of Court of Stoke County and the client was ordered to have his elected option, which ended up being option #3.
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Call Kirk Sanders (336) 768-1515, Winston-Salem, North Carolina. Statewide Representation